Patna High Court/33367/2022bail granted

Suraj Kumar @ Suraj Das v. The State Of Bihar

2023-04-04Mr. Justice Nawneet Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33367 of 2022 Arising Out of PS. Case No.-74 Year-2022 Thana- BELHAR District- Banka ====================================================== SURAJ KUMAR @ SURAJ DAS S/o Brahmdev Das Resident of VillageKhauwa, P.S.- Belhar, District- Banka (Bihar) ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Dhananjay Kumar Pandey For the Opposite Party/s :

Mr.Navin Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 04-04-2023 The learned counsel for the petitioner is directed to remove all the defects pointed out by the office within one month. Heard learned counsel for the petitioner as well as learned APP for the State.

In this case, the petitioner is seeking regular bail in connection with Belhar (Khesar) P.S. Case No. 74 of 2022, registered for the offences punishable under Sections 366 (A) of the Indian Penal Code and Section 8 of the POCSO Act. Learned counsel for the petitioner has submitted that the alleged victim herself did not support the prosecution case in her statement under Section 164 of the Cr.P.C. She has stated that she was in love with the petitioner. Petitioner is under custody since 14.03.2022. The petitioner is a person of clean antecedent. Considering the clean antecedents as well as the period of detention, let the petitioner above-named be released on

Patna High Court CR. MISC. No.33367 of 2022(4) dt.04-04-2023 2/2 bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge, POCSO Act, Banka in connection with Belhar (Khesar) P.S. Case No. 74 of 2022, subject to the following conditions:- (i) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court.

(ii) If the petitioner is found involved in future in the similar type of offence, the prosecution will have liberty to file an application before the court below for cancellation of the bail of the petitioner and the learned court below will take decision in accordance with law.

Office shall ensure that all defects are removed by the petitioner within the stipulated time mentioned hereinabove, failing which, the matter shall be brought to the notice of this Court.

(Nawneet Kumar Pandey, J) SONALI/- U T